drug offences, county lines and CSI involvement Flashcards

1
Q

If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug the constable may:

A

Search that person, and detain them for the purpose of the search

Search any vehicle or vessel in which the constable suspects that the drug may be found

Seize and detain anything found in the course of the search which appears to the constable to be evidence of an offence under the act

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2
Q

what section of what act does police powers come under

A

Section 23(2) Misuse of Dugs Act 1971

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3
Q

what section of what act does possession of a controlled drug come under

A

Section 5(2) Misuse of Drugs Act 1971

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4
Q

possession of a controlled drug

A

It is an offence for a person to have a controlled drug in his possession without authority

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5
Q

what 4 points need to be proven for being in possession of a controlled drug

A

The accused had the substance in their possession

The substance is a controlled drug

They had no authority such as a doctors prescription to possess it

They knew of the existence of the substance in their possession

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6
Q

what is lawful possession

A

Certain people may possess any controlled drug when they are acting in the course of their duty.

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7
Q

Certain people may possess any controlled drug when they are acting in the course of their duty. They include:

A

Police officers/staff

Customs and excise officers

Carriers

Forensic science laboratory personnel

Post office employees

Which have been prescribed to them

When engaged in conveying the drug to a person who may lawfully have that drug in their possession

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8
Q

where is possession of controlled drugs triable

A

in either magistrates or the crown court

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9
Q

possession of controlled drug - maximum sentence for Class A

A

seven years imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily

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10
Q

possession of controlled drug - maximum sentence for Class B

A

five years imprisonment and/or fine on indictment and three months imprisonment and/or fine summarily

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11
Q

possession of controlled drug - maximum sentence for Class C

A

two years imprisonment and/or fine on indictment and three months imprisonment and/or fine summarily

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12
Q

cannabis possession

A

ACPO guidance outlines the procedure to follow when dealing with a person (over 18) who is in possession of a small amount of cannabis consistent with personal use

Diverts less serious offences away from the criminal justice system

Based on a policy of escalation

Aggravating factors

Offenders cannot receive multiple warnings or PNDs

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13
Q

what 3 options do officers have with cannabis possession

A

Stage 1 – cannabis warning

Stage 2 – Issue a Penalty Notice for Disorder (PND)

Stage 3 – Arrest

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14
Q

what section of what act does supplying a controlled drug come under

A

• Section 4(3) Misuse of Drugs Act 1971

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15
Q

supplying a controlled drug - it is an offence for any person unlawfully to

A

Supply a controlled drug to another

Be concerned in the supply of a controlled drug to another

Offer to supply a controlled drug to another

Be concerned in the making of an offer to supply a controlled drug to another

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16
Q

where is supplying a controlled drug triable

A

either the magistrates or the crown court

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17
Q

supplying a controlled drug - max sentence for Class A

A

life imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily

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18
Q

supplying a controlled drug - max sentence for Class B

A

fourteen years imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily

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19
Q

supplying a controlled drug - max sentence for Class C

A

fourteen years imprisonment and/or fine on indictment and three months imprisonment and/or fine summarily

20
Q

what section and act does possession with intent to supply come under

A

Section 5(3) Misuse of Drugs Act 1971

21
Q

possession with intent to supply

A

It is an offence for a person to have a controlled drug in his possession whether lawfully or not, with the intent to supply it to another

22
Q

what 3 points need to be proven with possession with intent to supply

A

The defendant was in possession of drugs

The drugs are controlled drugs

The defendant intended to supply the drugs to another

23
Q

where is possession with intent to supply triable

A

either the magistrates or the crown court

24
Q

how do sentencing vary with possession with intent to supply

A

between different drug classes, the quantity of the drug and how high up the supply chain the defendant is

25
Q

possession with intent to supply - max sentence for Class A

A

life imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily

26
Q

possession with intent to supply - max sentence for Class B

A

fourteen years imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily

27
Q

possession with intent to supply - max sentence for Class C

A

fourteen years imprisonment and/or fine on indictment and three months imprisonment and/or fine summarily

28
Q

what section and act does production of a controlled drug come under

A

Section 4(2) Misuse of Drugs Act 1971

29
Q

production of a controlled drug

A

It is an offence for any person unlawfully to produce a controlled drug or be concerned in the production of a controlled drug

30
Q

what 3 points need to be proven for production of a controlled drug

A

Be concerned

In the production

Of a controlled drug

31
Q

where is production of a controlled drug triable

A

magistrates or the crown court

32
Q

what does sentencing for production of a controlled drug vary on

A

The size of the operation

The class of drugs involved

The quantity of drugs

The nature of the defendant’s involvement

33
Q

production of a controlled drug - max sentence for Class A

A

life imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily

34
Q

production of a controlled drug - max sentence for Class B

A

fourteen years imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily

35
Q

production of a controlled drug - max sentence for Class C

A

five years imprisonment and/or fine on indictment and three months imprisonment and/or fine summarily

36
Q

example of a drug seizure

A

• September 2019:
– Nearly 1.3 tonnes of heroin were recovered from a container ship after it docked at the port of Felixstowe
– Worth around £27 million at wholesale
– Worth in excess of £120 million at street level

37
Q

proceeds of crime act 2002

A

• Proceeds of crime – money or assets gained by criminals during the course of their criminal activity
• The act aims to:
– Deny criminals the use of their assets
– Recover the proceeds of crime
– Disrupt and deter criminality
• Any money earned as a result of, or in connection with an offence can be recovered. It also includes assets bought with the proceeds of crime

38
Q

what does the home office define county lines as

A

The police term for urban gangs supplying drugs to suburban areas and market and coastal towns using dedicated mobile phone lines or “deal lines”. It involves child criminal exploitation (CCE) as gangs use children and vulnerable people to move drugs and money. Gangs establish a base in the market location, typically by taking over the homes of local vulnerable adults by force or coercion in a practice referred to as “cuckooing”.’

  • Involves the exploitation of vulnerable young people and adults by gang members in order to move and sell drugs across the country
  • Gangs from big cites expand their operations to smaller towns
  • Heroin and crack cocaine are the most common drugs being supplied
39
Q

what 5 things involve CSI

A

Presumptive drug testing

Attending search warrants with officers

Attending Cannabis factories

Clandestine drug labs

Lab submissions

40
Q

Cannabis factory

A

Refers to a commercial or residential property used to grow cannabis

Premises will have been adapted to the extent that the normal usage of the premises or part of the premises will not be possible

Range in size from just part of a room to the whole of a commercial property such as a warehouse

Majority are discovered through reports from members of the public of suspicious activity

Health and Safety – Risk of ‘traps’ – electric wires attached to handles and the mains electricity, containers of acid above doorways

41
Q

cannabis growing cycle

A

Forced cycle of 8-14 weeks

42
Q

controlled indoor cultivation of cannabis has what 5 stages

A
–	Cuttings
–	Active Growth
–	Induction
–	Flowering
–	Harvesting
43
Q

Cannabis factory examination

A

Photograph and sketch a plan of the layout – number the rooms

Take dimensions of each room

Count and record the number of plants in each room and batch

Take a sample of the plants

Record the number of lamps, transformers and timers – along with the settings for each room – photograph any manufacturer details

DNA

Fingerprints

44
Q

clandestine drugs lab

A

Very little illicit manufacture of synthetic drugs in the UK

Derelict, abandoned or underused buildings

Can pose serious risks to public health and safety

Environmental Contamination

Manufacturing processes are often crude, uncontrolled and extremely dangerous

Chemicals – flammable/toxic/corrosive

45
Q

crime scene

A

Most items are best placed into tamper evident bags

Plant material in its entirety should be packaged in paper sacks

Liquids should be decanted

Sharps should be packaged in a sharps (knife/weapons) tube

Suspected drug traces can be swabbed

Drugs may not be the only evidence type present at a scene – may be other information to identify offenders or link scenes e.g. mobile phones, money, packaging materials

46
Q

lab submissions

A

It is for the prosecution to prove that a drug is controlled at the time that the offence was committed

Examination of trace and bulk drugs

Examination of drug packaging/wraps and paraphernalia